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(영문) 의정부지방법원 2015.06.03 2014가합3662

매매대금반환

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1. As to KRW 188,566,00 and KRW 148,00 among them, the Defendant shall pay to the Plaintiff KRW 40,566,00 from May 29, 2014, and KRW 40,56,00.

Reasons

Basic Facts

On September 6, 2013, the Plaintiff entered into a sales contract with C and D (C) to purchase KRW 400,000,000,000 (the contract deposit of KRW 100,000,000,000,000,000,000,000 from KRW 3,511 square meters of land E in Scheon-si, and paid KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000).

Of the instant land indicated in real estate indication, KRW 16 million, which the Plaintiff paid to D, KRW 16 million, the purchase price of KRW 180 million under Article 1 of the 991/3 and 117 equity in the instant land, means KRW 1.6 million.

Upon the contract, 34 million won is paid to the seller at the same time as the contract and the intermediate payment of 34 million won is paid to the seller on October 16, 2013 and the remainder of 40 million won is paid on November 16, 2013 and the seller in Article 2 receives the balance of the purchase price and at the same time delivers all documents necessary for the registration of the transfer of ownership to the buyer, and if there is any cause, public charges and other charges that restrict the exercise of ownership, the seller shall transfer the full ownership to the buyer by removing the defect and burden of such rights by no later than the date of the payment

Provided, That this shall not apply where otherwise agreed.

Article 3 through Article 6 (Special Terms and Conditions 1) of the Agreement shall be re-preparationd as in the annexed Form. 2) Within three days after the completion of the division, the buyer shall pay the balance and the seller shall deliver documents necessary for the transfer of ownership at the same time as the balance is received.

3) If there is any increase or decrease in the size in the process of subdivision, the remaining amount shall be settled. The Plaintiff shall be settled from the balance with C around October 2013, to the extent that the subject matter of the sales contract as of September 6, 2013, as of September 6, 2013, is 3,117 square meters (hereinafter “instant land”).

A) Of the 300 square meters, an agreement was reached to change the price to KRW 180 million, and around that time, a trade with the Defendant for the following (hereinafter “instant trade”).

The contract was concluded.

The defendant, on October 16, 2013, G of the instant land and Pocheon-si.